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28	28	STATE OF OKLAHOMA
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30	30	2nd Session of the 59th Legislature (2024)
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32	32	SENATE BILL 1208 By: Hamilton
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38	38	AS INTRODUCED
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40	40	An Act relating to schools; defining terms; requiring
41	41	each school district and charter school to submit to
42	42	the State Department of Edu cation certain listing
43	43	annually by certain date; allowing submission of
44	44	certain attestation; prohibiting certain materials
45	45	and content from being accessible to cer tain
46	46	students; requiring school districts a nd charter
47	47	schools to have certain written policy; providing
48	48	certain construction; providing process for reporting
49	49	suspected violations; providing for contents of
50	50	report; requiring certain notifications within
51	51	certain time period; providing for investigation;
52	52	allowing a school district or charter school t o
53	53	request certain hearing within certain time period;
54	54	directing the State B oard of Education to review
55	55	certain information and vote on certain
56	56	determination; authorizing certain designation of a
57	57	school for certain noncompliance; providing certain
58	58	penalty for noncompliance; providing for promulgation
59	59	of rules; providing fo r codification; providing an
60	60	effective date; and decl aring an emergency.
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66	66	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
67	67	SECTION 1. NEW LAW A new section of law to be codified
68	68	in the Oklahoma Statu tes as Section 11-203 of Title 70, unless there
69	69	is created a duplication in numbering, reads as follows:
70	70	A. As used in this section:
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97	97	1. “Library” means a school library, media program, a classroom
98	98	library, or any other collecti on of books or other materials, print
99	99	or digital, that are maintained by a school district or charter
100	100	school or its employees for use by students and that do not qualify
101	101	as textbooks approved by the State Textbook Committee pursuant to
102	102	Sections 16-101 through 16-124 of Title 70 of the Oklahoma Statutes;
103	103	2. “School library” means the library maintained by a school
104	104	district or charter school for use by students;
105	105	3. “Pornographic” means:
106	106	a. depictions or descriptions of sexual conduct which are
107	107	patently offensive as found by the average person
108	108	applying contemporary community standards, consideri ng
109	109	the youngest age of students with access to the
110	110	material,
111	111	b. materials that, taken as a whole, have as the dominant
112	112	theme an appeal to pruri ent interest in sex as found
113	113	by the average person applying contemporary community
114	114	standards, and
115	115	c. a reasonable person would find the material, taken as
116	116	a whole, lacks serious liter ary, artistic,
117	117	educational, political, or scientific purposes or
118	118	values considering the youngest age of students with
119	119	access to the material; and
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146	146	4. “Sexualized content” means material that is not s trictly
147	147	pornographic but otherwise contains excessive sexual material in
148	148	light of the educational value of the material and in light of the
149	149	youngest age of students with access to the material.
150	150	B. By October 1, 2024, and by every October 1 thereafter, eac h
151	151	school district and charter school shall submit to the State
152	152	Department of Education a complete listing of all books and other
153	153	materials available in its school library. To fulfill the
154	154	requirement of this subsection, a school district or charter school
155	155	superintendent may submit a n attestation that the public online
156	156	school library catalog or catalogs contain a complete and accurate
157	157	list of books and other materials accompanied by the website for
158	158	accessing the relevant catalog or catalogs.
159	159	C. A library in a school district or charter school shall be
160	160	prohibited from having any pornographic materials or se xualized
161	161	content accessible t o students under the age of eighteen (18).
162	162	D. Each school district and charter school shall have a written
163	163	policy for reviewing the educational suitability and age -appropriate
164	164	nature of any material in a library and for receiving and responding
165	165	to complaints regarding books and other materials in libraries.
166	166	E. Nothing in this section shall prohibit a student from
167	167	reading, owning, possessing, or discussing any book obtained without
168	168	the assistance or encouragement of a school district or charter
169	169	school, its employees, or its libra ries; provided, however, nothing
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196	196	in this section shall be construed to allow a student to bring
197	197	pornographic material or sexual ized content on the grounds of a
198	198	school district or charter school.
199	199	F. 1. The parent or legal guardian of a student enrolled in a
200	200	school district or charter school may report suspected violations of
201	201	the provisions of this section to the State Department of Education.
202	202	The report shall include a written complai nt summarizing the alleged
203	203	violation including the time, date, and locat ion of the alleged
204	204	violation and the identity of any person involved. The report shall
205	205	include a copy of any complaint submitted to the school district or
206	206	charter school and any related response.
207	207	2. Within fourteen (14) business d ays of receiving a repor t
208	208	pursuant to this subsection, the State Department of Education shall
209	209	notify the school district or c harter school of the alleg ed
210	210	violation and provide an opp ortunity to respond.
211	211	3. The State Department of Education shall conduct an
212	212	investigation to dete rmine whether a violation occurred. The
213	213	Department shall notify the parent or legal guardian who subm itted
214	214	the report and the school district or charter school of the results
215	215	of the investigation.
216	216	4. If the Department determines a violation occurred, the
217	217	school district or charter school shall have fourteen (14) business
218	218	days to request a hearing before the State Board of Education. The
219	219	Board shall review the alleged violation, the results of the
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246	246	Department’s investigation, and the response from the scho ol
247	247	district or charter school and vote on whether to uphold the
248	248	Department’s determination.
249	249	5. If the State Board of Education votes to uphold the State
250	250	Department of Education ’s determination, the Board is authorized to
251	251	report a school district or charte r school as deficient on the
252	252	accreditation report for noncompliance with the provisio ns of this
253	253	section. Upon a finding of noncompli ance with the provisions of
254	254	subsections B and C of this section by the State Board of Educa tion,
255	255	the noncompliant school district or charter school shall receive a
256	256	five percent (5%) reduction in state funding for the fiscal year
257	257	following the fiscal year of noncompliance.
258	258	G. The State Board of Educa tion shall promulgate rules to
259	259	implement the provision s of this section.
260	260	SECTION 2. This act shall become effective July 1, 2024.
261	261	SECTION 3. It being immediately necessary for the preservation
262	262	of the public peace, health, or safety, an emergency is hereby
263	263	declared to exist, b y reason whereof thi s act shall take effect and
264	264	be in full force from and after its passage and approval.
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266	266	59-2-2523 EB 11/21/2023 2:22:08 PM

Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1208 Compare Versions